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1 - 4 of 4 (0.33 seconds)Horil vs Keshav & Anr on 20 January, 2012
In the case of Horil Vs. Keshav & Anr. 2012 (2) BLJ
Supreme Court 1, the Hon'ble Apex Court has held that under
Section 9 of the Code of Civil Procedure, the Civil Court has inherent
jurisdiction to try all types of civil disputes unless its jurisdiction is
barred expressly or by necessary implication by any statutory
provision and conferred on any other tribunal or authority. Section
37 of the Bihar Consolidation of Holdings Act provides that no civil
Court shall entertain any suit or application to vary or set aside any
decision or order given or passed under this Act with respect to any
other matter for which a proceeding could or ought to have been
taken under this Act. As stated above, the plaintiff never claimed to
set aside any decision or order given or passed under the
Consolidation Act with respect to any matter. The suit has been filed
simply for declaration about the gift deed and partition and likewise
the counter claim was also filed simply for the declaration of title. In
my opinion, therefore, the jurisdiction of Civil Court under Section 37
of the Consolidation Act in the present case is not barred.
Section 9 in The Code of Civil Procedure, 1908 [Entire Act]
The Hindu Succession Act, 1956
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